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EIB TERMS OF USE

Updated as of: June 18, 2021

Terms of use

Quick Guide to Contents

 1.  MOBILE DEVICES
 2.  CHANGES TO THIS AGREEMENT
 3.  PRIVACY AND PROTECTION OF PERSONAL INFORMATION
 4.  ACCOUNTS, SECURITY, PASSWORDS
 5.  USER CODE OF CONDUCT
 6.  FEES
 7.  DISCLAIMER OF WARRANTIES
 8.  EXCEPTIONS
 9.  LIMITATIONS ON LIABILITY
 10. INDEMNIFICATION
 11. MODIFICATION/TERMINATION BY EIB
 12. LINKS
 13. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE
 14. INTERNATIONAL USE/U.S. EXPORT CONTROLS                                    
                                                                                
      
 15. THIRD-PARTY MERCHANTS
 16. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
 17. EVENTS
 18. INTERACTIVE SERVICES AND USER MATERIALS
 19. SUBSCRIPTION SERVICES
 20. PREMIUM SERVICES
 21. CONTESTS/SWEEPSTAKES
 22. GENERAL
 23. COPYRIGHT AND TRADEMARK NOTICE

This site or application is owned or managed by Premiere Networks, Inc., d/b/a
The EIB Network, Clay Travis & Buck Sexton, and Rush Limbaugh (“EIB”) (each a
“EIB Site,” and collectively the “EIB Sites”). 

The EIB Network provides this EIB Site and related services for your personal
non-commercial use only and subject to your compliance with this Terms of Use
Agreement (the “Agreement”). Please read this Agreement carefully before using
this EIB Site. Your use of this EIB Site constitutes your acceptance to be bound
by this Agreement without limitation, qualification or change. If at any time
you do not accept all the terms and conditions of this Agreement, you must
immediately discontinue use of this EIB Site. This Agreement sets forth EIB’s
policies with respect to its operation of the EIB Sites. Other policies govern
EIB’s non-Internet operations.

Certain products or services offered by this and/or other EIB Sites (each an
“EIB Internet Service,” and collectively “EIB Internet Services”), and certain
areas within this and/or other EIB Sites may be governed by additional terms
(“Additional Terms”) presented in conjunction with those products or services.
You must agree to those Additional Terms before using those areas or EIB
Internet Services. The Additional Terms and this Agreement, taken together,
shall apply to your use of those areas or EIB Internet Services. In the event of
an irreconcilable inconsistency between the Additional Terms and this Agreement,
the Additional Terms shall control.

YOU MAY NOT USE ANY EIB SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY
THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY EIB
SITE MAY BE TERMINATED IMMEDIATELY IN EIB’S SOLE DISCRETION, WITH OR WITHOUT
NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY
APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

By using this EIB Site, you are representing and warranting that: (a) you are a
legal resident of the United States; (b) you are at or above the legal age of
majority in your jurisdiction of residence; (c) you own or have sufficient
authorization to use the computer, mobile device, technology or other device you
use to access this EIB Site (collectively, “Device”); and (d) you will access
and use this EIB Site in accordance with this Agreement.

Some parts of this EIB Site may contain adult content intended for people who
are at or above the legal age of majority in their jurisdiction of residence. By
viewing this adult content, you are representing that you are at or above such
legal age of majority and that the content is acceptable to you. Filtering
software is commercially available which can be used to exclude content that is
not acceptable to you. This software may prevent the display of all or portions
of the EIB Site content.

 

1. MOBILE DEVICES

If permitted or available through the applicable EIB Internet Service, to (a)
upload content to this EIB Site via your mobile device and/or tablet, (b)
receive and reply to messages, or to access or make posts using text messaging,
(c) browse this EIB Site from your mobile device and/or (d) to access certain
features through a mobile application you have downloaded and installed on your
mobile device (collectively the “Mobile Services”), you must have a mobile
communications subscription (or have the consent of the applicable subscriber)
with a participating carrier or otherwise have access to a mobile communications
network for which EIB makes the EIB Internet Service available as well as any
carrier services necessary to download content, and pay any service fees
associated with any such access (including text messaging charges for each text
message you send and receive on your mobile device). In addition, you must
provide all equipment and software necessary to connect to the EIB Internet
Service, including, but not limited to, if this EIB Site contains a mobile
element, a mobile hand set or other mobile access device that is in working
order and suitable for use in connection with the EIB Internet Service and to
use any part of that Service. You are responsible for ensuring that your
equipment and/or software does not disturb or interfere with EIB’s or this EIB
Site’s operations or the EIB Internet Service. Any equipment or software causing
interference will be immediately disconnected from the EIB Internet Service and
EIB will have the right to immediately terminate this Agreement. If any upgrade
in or to the EIB Internet Service requires changes in your equipment or software
(including the operating system for your Device), you must effect these changes
at your own expense. Unless explicitly stated otherwise, any new or additional
features that augment or enhance the current EIB Internet Service, including the
release of new products and services, will be subject to the terms and
conditions of this Agreement. You agree to follow and comply with any applicable
laws in your use of the EIB Internet Service.

 

2. CHANGES TO THIS AGREEMENT

EIB reserves the right, in its sole discretion, to modify, alter, or otherwise
change this Agreement and/or the Additional Terms at any time. EIB will provide
notice of such change on this EIB Site. Please review this Agreement and/or
Additional Terms periodically for changes. Your continued use of this EIB Site
and/or EIB Internet Service constitutes your acceptance and agreement to be
bound by these changes without limitation, qualification or change. If at any
time you do not accept these changes, you must immediately discontinue use of
this EIB Site and/or the EIB Internet Service to which the changes may apply.

 

3. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

EIB has developed a Privacy Statement in order to inform you of its practices
with respect to the collection, use, disclosure and protection of personal
information. You can find the Privacy Statement, which is incorporated into this
Agreement, by clicking here, and by using this EIB Site you agree to the terms
of the Privacy Statement.

 

4. ACCOUNTS, SECURITY, PASSWORDS

If a particular EIB Site or EIB Internet Service requires you to open an
account, you must complete the specified registration process by providing us
with current, complete, and accurate information as requested by the applicable
online registration form. It is your responsibility to maintain the currency,
completeness, and accuracy of your registration data and any loss caused by your
failure to do so is your responsibility. After you have fully completed the
registration form, you may be asked to choose a password and a user name. It is
entirely your responsibility to maintain the confidentiality of your password
and account. Additionally, you are entirely responsible for any and all
activities that occur under your account. You agree to notify EIB immediately of
any unauthorized use of your account. EIBis not liable for any loss that you may
incur as a result of someone else using your password or account, either with or
without your knowledge. You may cancel your account by delivering notice in the
manner provided in the Additional Terms governing the particular EIB Internet
Service.

 

5. USER CODE OF CONDUCT

In accessing and using this EIB Site and/or the EIB Internet Services, you agree
that you will not:

 * Deliver any unsolicited advertisement, promotional materials, junk email,
   bulk email (also known as “spam”), chain letters, surveys or contests, or
   solicit participation in any pyramid schemes (unless it is on a page that
   explicitly states that such postings are allowed on that page).
 * Deliver any unlawful (according to local, state, federal, or international
   law or regulation) postings to or through this EIB Site, or any postings
   which advocate illegal activity.
 * Deliver, or provide links to, any postings containing material that could be
   considered harmful, obscene, pornographic, indecent, lewd, violent, abusive,
   profane, insulting, threatening, harassing, hateful or otherwise
   objectionable.
 * Deliver, or provide links to, any postings containing material that harasses,
   victimizes, degrades, or intimidates an individual or group of individuals on
   the basis of religion, race, ethnicity, sexual orientation, gender, age, or
   disability.
 * Deliver, or provide links to, any postings containing defamatory, false or
   libelous material.
 * Deliver any posting that infringes or violates any intellectual property or
   other right of any entity or person, including, without limitation,
   copyrights, patents, trademarks, laws governing trade secrets, rights to
   privacy, or publicity.
 * Deliver any posting to that you do not have a right to make available under
   law or contractual or fiduciary relationships.
 * Impersonate another person or entity or falsely state or otherwise
   misrepresent your affiliation with a person or entity, or adopt a false
   identity if the purpose of doing so is to mislead, deceive, or defraud
   another.
 * Manipulate identifiers, including by forging headers, in order to disguise
   the origin of any posting that you deliver.
 * Deliver any posting containing personal information, such as phone numbers,
   social security numbers, account numbers, addresses or employer references.
 * Use this EIB service in any manner which could damage, disable, overburden,
   or impair or otherwise interfere with the use of this EIB Site or other
   users’ Devices, or cause damage, disruption or limit the functioning of any
   software, hardware, or telecommunications equipment.
 * Attempt to gain unauthorized access to this EIB Site, any related website,
   other accounts, computer system, or networks connected to this EIB Site,
   through hacking, password mining, or any other means.
 * Obtain or attempt to obtain any materials or information through any means
   not intentionally made available through this EIB Site, including harvesting
   or otherwise collecting information about others such as email addresses.

 

6. FEES

Except where otherwise provided, access to and use of this EIB Site and the EIB
Internet Services offered through it are currently available without charge. EIB
reserves the right to charge a fee for access to or use of this EIB Site, or any
EIB Internet Service available on this EIB Site at any time in the future. Your
access to or use of this EIB Site before such time does not entitle you to use
of this EIB Site without charge in the future.

 

7. DISCLAIMER OF WARRANTIES

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH
THIS EIB SITE AND/OR EIB INTERACTIVE SERVICE IS AT YOUR OWN RISK. ALL CONTENT,
INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS
CONTAINED WITHIN OR AVAILABLE THROUGH THIS EIB SITE OR EIB INTERACTIVE SERVICE
ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. EIB MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS EIB SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON
THIS EIB SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EIB
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE
RIGHTS OF THIRD PARTIES. EIB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT
THIS EIB SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS EIB SITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES
AND/OR OTHER HARMFUL COMPONENTS. EIBDOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS EIB SITE FOR ANY
PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED
GRAPHICS CONTENT.

EIB IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR
REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE
TRANSMISSION OR RECEIPT OF TICKET ORDERS OR EIB INTERACTIVE SERVICES, OR ANY
COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

 

8. EXCEPTIONS

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF
CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS,
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, EIB’S
LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

9. LIMITATIONS ON LIABILITY

In no event shall EIB, its subsidiaries, affiliates, distributors, suppliers,
licensors, agents or others involved in creating, sponsoring, promoting, or
otherwise making available this EIB Site and its contents, be liable to any
person or entity whatsoever for any direct, indirect, incidental, special,
compensatory, consequential, or punitive damages or any damages whatsoever,
including but not limited to: (1) loss of goodwill, profits, business
interruption, data or other intangible losses; (2) your inability to use,
unauthorized use of, performance or non-performance of this EIB Site; (3)
unauthorized access to or tampering with your personal information or
transmissions; (4) the provision or failure to provide any service; (5) errors
or inaccuracies contained on this EIB Site or any information, software,
products, services, and related graphics obtained through this EIB Site; (6) any
transactions entered into through this EIB Site; (7) any property damage
including damage to your Device or computer system caused by viruses or other
harmful components, during or on account of access to or use of this EIB Site or
any site to which it provides hyperlinks; or (8) damages otherwise arising out
of the use of this EIB Site and EIB Internet Services. The limitations of
liability shall apply regardless of the form of action, whether based on
contract, tort, negligence, strict liability or otherwise, even if EIB has been
advised of the possibility of damages.

 

10. INDEMNIFICATION

You agree to indemnify and hold harmless EIB, its subsidiaries, agents,
distributors and affiliates, and their officers, directors and employees from
and against any and all claims, actions, demands, liabilities, costs and
expenses, including, without limitation, reasonable attorneys’ fees, resulting
from your breach of any provision of this Agreement, the Additional Terms, or
any warranty you provide herein, or otherwise arising in any way out of your use
of this EIB Site and any related EIB Internet Service and/or software. You agree
to cooperate fully with EIB in asserting any available defenses in connection
with a claim subject to indemnification by you under this Agreement.

 

11. MODIFICATION/TERMINATION BY EIB

EIB reserves the right, in its sole discretion, to modify, suspend, or terminate
this EIB Site and/or any portion thereof, including any EIB Internet Service,
and/or your account, password, or use of any EIB Internet Service, or any
portion thereof, at any time for any reason with or without notice to you.

Termination of your account for a EIB Internet Service removes your
authorization to use the EIB Internet Service. In the event of termination, you
will still be bound by your obligations under this Agreement and any Additional
Terms, including the warranties made by you, and by the disclaimers and
limitations of liability. Additionally, EIB shall not be liable to you or any
third party for any termination of your access to a EIB Internet Service.

 

12. LINKS

This EIB Site may contain links to websites, applications or other services
operated by third parties (the “Linked Sites”). EIB does not monitor or control
the Linked Sites and makes no representations regarding, and is not liable or
responsible for the accuracy, completeness, timeliness, reliability or
availability of, any of the content uploaded, displayed, or distributed, or
products, or services available at the Linked Sites. If you choose to access any
third-party site (including any Linked Site), you do so at your own risk, and
your use of that site is subject to its own terms of use and privacy policy,
which you should review. The presence of a link to a third-party site does not
constitute or imply EIB endorsement, sponsorship, or recommendation of the third
party or of the content, products, or services contained on, or available
through, the site.

 

13. SOFTWARE AND DOWNLOADS AVAILABLE THROUGH THIS SITE

Any software that is made available to access, use, view and/or download in
connection with a EIB Site or EIB Internet Service (“Software”), including
applications, podcasts, audio streaming, or video streaming, is owned or
controlled by EIB and/or licensors, affiliates and suppliers and is protected by
copyright laws and international treaty provisions. Your use of the Software is
limited to private, non-commercial use and is governed by the terms of the end
user license agreement, if any, which accompanies or is included with the
Software. EIB accepts no responsibility or liability in connection with any
Software owned or controlled by third parties.

 

14. INTERNATIONAL USE/U.S. EXPORT CONTROLS

Accessing materials on this EIB Site by certain persons in certain countries may
not be lawful, and EIB makes no representation that materials on this EIB Site
are appropriate or available for use in locations outside the United States. If
you choose to access this EIB Site from outside the United States, you do so at
your own risk and initiative, and are responsible for compliance with any
applicable local laws.

The United States controls the export of any software downloadable from this EIB
Site. No software or any other materials associated with this EIB Site may be
downloaded or otherwise exported or re-exported to countries or persons
prohibited under export control laws, including but not limited to countries
against which the United States has embargoed goods, or to anyone on the U.S.
Treasury Department list of Specially Designated Nationals and Blocked Persons
or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for
compliance with the laws of your local jurisdiction regarding the import,
export, or re-export of any such materials. By using and/or downloading any such
materials from a EIB Site, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such country to which
such import, export, or re-export is prohibited or are not a person or entity to
which such export is prohibited.

 

15. THIRD-PARTY MERCHANTS

This EIB Site may enable you to order and receive products, information and
services from businesses that are not owned or operated by EIB. The purchase,
payment, warranty, guarantee, delivery, maintenance, and all other matters
concerning the merchandise, services or information, opinion or advice ordered
or received from such businesses are solely between you and such businesses. EIB
does not endorse, warrant, or guarantee such products, information, or services,
and is not liable for the accuracy, completeness, or usefulness of such
information or the quality of availability of such products or services. EIB
will not be a party to or in any way responsible for monitoring any transaction
between you and third-party providers of such products, services, or
information, or for ensuring the confidentiality of your credit card
information. Any separate charges or obligations you incur in your dealings with
these third parties are your responsibility and are not part of the fee, if any,
charged for the EIB Internet Service.

 

16. ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS

EIB may display advertisements for the goods and services of a third party on
the EIB Sites, including in connection with co-promotions, sponsorships and
other similar partnership arrangements. EIB does not endorse or represent and is
not responsible for the safety, quality, accuracy, reliability, integrity or
legality of any such goods or services advertised, promoted or displayed on this
EIB Site.

 

17. EVENTS

You may be invited or asked to attend EIB-sponsored events or events held by
other members and users of this EIB Site which are not in any way associated
with EIB at various locations throughout the United States (collectively,
“Events”). Your participation in any Events is at your own risk and you agree to
release and hold EIB, its subsidiaries, agents, distributors and affiliates, and
their officers, directors and employees harmless from and against any and all
claims, actions, demands, liabilities, costs and expenses, including, without
limitation, any injury or death to you or your minor children or wards,
resulting from attending the Events or participation in any activities available
at the Events. You also agree that we may film and record any of the Events
sponsored by EIB in which you or your minor children or wards participate and
you hereby agree that such films and recordings shall be owned by EIB and we may
use your or your minor children or wards’ name, likeness, voice, performance and
other activities in which you or your minor children or wards engage for any
advertising, promotional or other lawful purpose in any and all media now or
hereafter known throughout the world in perpetuity without notice, approval or
compensation to you or any third party.

 

18. INTERACTIVE SERVICES AND USER MATERIALS

This EIB Site may offer certain EIB Internet Services having interactive
components such as bulletin boards, chat rooms, blogs, and forums (collectively,
“EIB Interactive Services”). Additional Terms may cover EIB Internet Services,
which appear on the pages where these services are available, in addition to the
general terms provided below. The selection of available EIB Internet Services
may change from time to time in EIB’s sole discretion. You may participate in
the EIB Interactive Service by completing the registration form where one is
provided.

 

User Materials

EIB does not control and is not responsible for any notes, messages, billboard
postings, ideas, suggestions, concepts or other material, or files delivered to
EIB by you or other users (collectively, “User Materials”). EIB is not obligated
to and does not regularly review, prescreen, monitor, delete, or edit User
Materials. However, EIB reserves the right to do so at any time in its sole
discretion, for any reason or no reason, and to refuse, delete, move or edit any
User Materials, in whole or in part, with or without notice. EIB is not
responsible or liable for damages of any kind arising from any User Materials
even when EIB is advised of the possibility of such damages, or from EIB’s
alteration or deletion of any User Materials.

You are solely responsible and liable for all User Materials delivered to EIB,
whether via your account, this EIB Site, email, or any other method. Any
violation of these provisions can subject your EIB account to immediate
termination and, possibly, further legal action. You represent and warrant that
you own or otherwise control any and all rights in and to the User Materials and
that public posting and use of the User Materials by EIB will not infringe or
violate the rights of any third party in any manner.

By emailing, submitting, transmitting, posting, uploading, modifying or
otherwise providing any User Material to EIB, whether solicited or unsolicited,
you are granting EIB and its designees a royalty-free, fully paid,
non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to
reproduce, publish, transmit, perform, display, sublicense, create derivative
works from and otherwise use such User Material for any purpose, including,
without limitation, advertising and promotional purposes, alone or as a part of
other works in any form, media or technology now or hereafter known. No credit,
approval or compensation is due to you for any such use of User Materials you
may submit. EIB also has the right, but not the obligation, to use your username
(and real name, image, likeness or other identifying information, if provided in
connection with User Materials), city and state in connection with broadcast,
print, online or other use or publication of your User Materials. Please note
that any User Material you submit is and will be treated as non-confidential and
non-proprietary as to you, unless specifically stated otherwise in our Privacy
Statement.

The information and opinions expressed in User Materials appearing on this EIB
Site are not necessarily those of EIB or its content providers, advertisers,
sponsors, affiliated or related entities, and EIB makes no representations or
warranties regarding that information or those opinions, and expressly disclaims
any responsibility for User Materials. EIB does not represent or guarantee the
truthfulness, accuracy, or reliability of any User Materials or determine
whether the User Materials violate the rights of others, and EIB has no control
over whether such User Materials are of a nature that you or other users might
find offensive, distasteful or otherwise unacceptable. You acknowledge that any
reliance on any User Materials submitted by other users will be at your own
risk, including any reliance on the accuracy, completeness or usefulness of such
User Materials. You acknowledge that this EIB Site is “public,” and in addition
to the license granted to EIB, other users will have access to your User
Materials and might copy, modify or distribute them.

If you are aware of any User Material on this EIB Site which violates these
Terms, please contact us at privacy@rushlimbaugh.com. Please provide as much
detail as possible, including a copy of the underlying material, the location
where EIB may find it, and the reason such User Material should be removed.
Please note that filing a complaint will not guarantee its removal, EIB will
only remove User Materials if EIB believes the measure is necessary, in our sole
discretion. To the extent any notice is based on an alleged copyright violation,
please follow in the instructions set forth in the section entitled “Copyright
Infringement.” Other than those we specifically request, we do not accept or
consider unsolicited creative materials, ideas or suggestions either via this
EIB Site, email or other means. This is to avoid any misunderstandings if your
ideas are similar to those we have developed or obtained independently. However,
if you do still transmit to us, via this EIB Site, email or otherwise, any
unsolicited communication or material, you will be deemed to have granted to us
the same rights as are set out in this section with respect to User Materials.
Without limitation thereof, you agree that EIB, our affiliates and our licensees
are free to use any ideas, concepts, know-how or techniques contained in any
communication you send to us for any purpose whatsoever including, but not
limited to, developing, manufacturing and marketing products, services and
content using such information, without any credit, notice, approval or
compensation to you.

 

Referral Programs and “Forward to a Friend” Opportunities

The EIB Site may offer referral programs that permit you to submit information
about other persons (each, a “Referred Person”), including, without limitation,
U.S.-based email addresses, mobile telephone numbers, names, street addresses
and other contact information so they may receive information and/or promotional
offers concerning the EIB Internet Service. You may only refer persons with whom
you have a personal relationship. You must have obtained the consent of the
Referred Person prior to providing us with his or her contact information. We
reserve the right to limit the number of Referred Persons you can submit. We
reserve the right to limit the number of transmissions to any particular
Referred Person from time to time. You may not withdraw the contact information
you provide for a Referred Person once it has been submitted. A Referred Person
must be a permanent, legal resident of the continental United States, at least
18 years old (or 19 years old if a resident of Alabama or Nebraska, or 21 years
old if a resident of Mississippi), and be able to register for the EIB Internet
Service, or otherwise use the EIB Internet Service. The contact information for
a Referred Person must be valid and functioning in order for us to contact him
or her about the EIB Internet Service. We will not be responsible for validating
the contact information you provide. We may elect NOT to communicate with any
Referred Person and/or e-mail address if he/she/it appears to be on any of our
“do not contact” or “do not e-mail” lists. In addition, we reserve the right to
reject the participation of any Referred Person if (a) the contact information
provided by you is incorrect or not valid, (b) such individual has violated any
provision of these terms or conditions, or (c) we determine in our sole
discretion that the participation of such individual might be harmful to us,
this EIB Site, any EIB Internet Service, or any third party for any reason. We
specifically disclaim any liability for exercising such right.

We may, at our discretion, send you a confirmation using any means available
through the EIB Internet Service, including email, text and other forms of
messaging, to inform you that the Referred Person has registered for the EIB
Internet Service. If we send the confirmation to you via the carrier service
with which you have a mobile communications subscription or otherwise have
access, you understand you will pay any service fees associated with any such
access (including text messaging charges in connection with messages to your
mobile device). If you misuse any referral program or otherwise engage in
improper behavior with respect to a referral program, as we determine in our
sole discretion, we reserve the right to discontinue the EIB Internet Service to
you. We may from time to time offer incentives or rewards in connection with a
referral program, and any such incentive or reward programs shall be subject to
Additional Terms which will be posted at the time such programs become available
and will be deemed incorporated into, and subject to, this Agreement. We reserve
the right, in our sole discretion, to suspend, temporarily or permanently, or
cease to provide any and all referral programs without notice, reason or
liability.

If you are using the EIB Internet Service to communicate to a Referred Person
(or any third party), you agree not to use such EIB Internet Service to harm the
Referred Person or any other third party, and/or use such EIB Internet Service
in violation of any applicable laws, rules or regulations or the terms and
conditions of this Agreement.

Voting/Rating Features

For any voting/rating features that are available on this EIB Site, you must
follow instructions on this EIB Site to submit your votes/ratings, including any
restrictions set forth with respect to limitations on voting/rating.
Votes/ratings received from you in excess of any stated limitation will be
disqualified. Payment or other consideration in exchange for votes/ratings is
prohibited. Votes/ratings generated by script, macro or other automated means or
any other means intended to impact the integrity of the voting/rating process as
determined by us may be void. EIB assumes no responsibility for
incorrect/inaccurate voting/rating information or for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, votes/ratings. We may, at our discretion, modify, terminate, or
suspend the voting/rating or void any vote/rating should a virus, bug,
non-authorized human intervention, action of voter/rater, or other cause corrupt
or impair the administration, security, or fairness of the voting/rating. We
reserve the right, in our sole discretion, to disqualify any individual it finds
to be violating these terms, tampering with the voting/rating process, or acting
in an unsportsmanlike or improper manner and void all associated votes/ratings.
Our decisions with respect to all aspects of any voting/rating element are final
and binding, but not limited to, with respect to the tallying of votes/ratings
and the invalidation or disqualification of any suspected votes/ratings or
voters/raters. You may also be given the opportunity to participate in
voting/rating features in a third party application or feature (such as one of
our social media partners like Facebook or Twitter), in which case your
participation in such features will be subject to the terms and conditions
governing that third party application or feature.

 

19. SUBSCRIPTION SERVICES

This EIB Site may offer certain EIB Subscription Services such as newsletters
and Real Simple Syndication (“RSS”) feeds (collectively “EIB Subscription
Services”). By registering for an EIB Subscription Service, you will be subject
to any charges and rules set forth in the description of that service which may
or may not be reflected in Additional Terms.

 

20. PREMIUM SERVICES

SOME EIB INTERNET SERVICES ON THIS EIB SITE, INCLUDING CERTAIN EIB INTERACTIVE
AND SUBSCRIPTION SERVICES, MAY BE OFFERED TO YOU CONDITIONED ON YOUR PAYMENT OF
A FEE (EACH, A “PREMIUM SERVICE”). BY USING THE EIB PREMIUM SERVICE, YOU AGREE
THAT YOU WILL BE SUBJECT TO ANY CHARGES AND RULES SET FORTH IN THE ADDITIONAL
TERMS FOR THAT SERVICE, IN ADDITION TO THE GENERAL TERMS PROVIDED BELOW.

 

Charges for Premium Service

EIB will provide notice of any charges, or extra charges, before you register
for or enter a premium area. You are responsible for any charges for a Premium
Service incurred by your account. We are not liable for any loss that you may
incur as a result of someone else using your password or account, whether with
or without your knowledge.

In the event that you pay for a Premium Service by credit card, you authorize us
to charge your credit card account by registering for the Premium Service and
providing us with your credit card information. You warrant to us that the
credit card information that you provide us is correct and is your account.

 

Cancellation

You may cancel your membership in a Premium Service at any time by contacting us
using the contact information provided on the Premium Service. In the event that
you have paid a fee to register for a Premium Service and you cancel before the
end of your membership period, we will not return any portion of your membership
fee provided that you will be entitled to continue accessing the applicable
Premium Service until the end of your membership period.

We reserve the right to terminate your access to a Premium Service or any
portion thereof at any time, without notice. Upon such termination, we shall
return the unused pro-rata portion of your membership fee on a 52-week pro-rated
basis to you within ninety (90) days of the termination of your access to the
Premium Service.

 

Service Contact

You may email your requests for customer service through the contact information
provided on the home page of the applicable Premium Service.

For more information please visit https://www.rushlimbaugh.com/join-rush-247/

 

Member Account and Password

You are responsible for any membership name and password that is associated with
your account during registration. If we do not recognize your device from a
previous sign-in, you will be asked for information that will help us to
identify your registration. It is your responsibility to maintain the
confidentiality of your password, if one is established. You are entirely
responsible for any and all activities that occur under your account, and agree
to notify us immediately of any unauthorized use of your account.

 

Limited to Personal and Non-Commercial Use

Any Premium Service is for your personal and non-commercial use only. You may
not modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information,
software, products obtained from this premium service without our prior written
consent. You may inquire about obtaining written permission from us to display
or reproduce material from this EIB Site by writing:

 

IP Permission

Legal Department

Premiere Networks, Inc. d/b/a EIB Network

20880 Stone Oak Pkwy

San Antonio, TX 78258

By Facsimile: (210) 832-3149

By Email: IPPermission@iheartmedia.com

 

21. CONTESTS/SWEEPSTAKES

Any sweepstakes, contests, games and/or promotional offers accessible on this
EIB Site are governed by specific rules and/or terms and conditions. By entering
a sweepstakes or contests or participating in such games or promotional offers
available on this EIB Site, you will be subject to those rules and/or terms and
conditions. It is critical that you read the applicable rules and/or or terms
and conditions, which are linked from the particular page or activity. To the
extent of any conflict between those rules and/or terms and conditions and these
Terms, the rules and/or terms and conditions for the sweepstakes, game or
promotional offer will govern, but only to the extent of the conflict. Any
sweepstakes, contests, games and/or promotional offers made available or
advertised on third party sites accessible from this EIB Site (such as those of
social media partners like Facebook and Twitter), in addition to being subject
to the specific rules and/or terms and conditions applicable to your
participation in such feature(s) on this EIB Site, will also be subject to the
rules and/or terms and conditions applicable to your participation in such
feature(s) on those third party sites.

 

22. GENERAL

This Agreement and any Additional Terms shall be governed by, construed and
enforced in accordance with the laws of the State of New York, as it is applied
to agreements entered into and to be performed entirely within such state,
without regard to conflict of law principles. You agree that any and all
disputes, claims and causes of action arising out of, or connected with, this
Agreement and/or the Additional Terms, or in connection with any matters related
to this EIB Site and/or the Privacy Statement, shall be resolved individually,
without resort to any form of class action, exclusively in either the state or
Federal courts located in New York County, New York. You agree to submit to the
personal jurisdiction of the courts of the State of New York for any cause of
action arising out of this Agreement. You agree to file any cause of action with
respect to this Agreement within one year after the cause of action arises. You
agree that a cause of action filed after this date is barred.

If any provision of this Agreement, or the application thereof to any person or
circumstances, is held invalid or for any reason, unenforceable including, but
not limited to, the warranty disclaimers and liability limitations, then such
provision shall be deemed superseded by a valid, enforceable provision that
matches, as closely as possible, the original provision, and the other
provisions of this Agreement shall remain in full force and effect. The failure
of either party to insist upon strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right. Unless
expressly provided otherwise, this Agreement is the entire agreement between you
and EIB with respect to the use of this EIB Site and shall not be modified
except in writing, signed by an authorized representative of EIB.

If you have any questions concerning this Agreement, you may send them by email
to privacy@rushlimbaugh.com. You must send any official correspondence via
postal mail to:

 

Legal Department

ATTN: EIB Network Terms of Use

Premiere Networks, Inc. d/b/a EIB Network

20880 Stone Oak Pkwy

San Antonio, TX 78258

 

23. COPYRIGHT AND TRADEMARK NOTICE

Use of Intellectual Property

The EIB Site, and all of its contents, including but not limited to articles,
other text, photographs, images, illustrations, graphics, video material, audio
material, including musical compositions and sound recordings, software, EIB
logos, titles, characters, names, graphics and button icons (collectively
“Intellectual Property”), are protected by copyright, trademark and other laws
of the United States, as well as international conventions and the laws of other
countries. The Intellectual Property is owned or controlled by EIB or by other
parties that have provided rights thereto to EIB.

You may not, and agree that you will not, reproduce, download, license, publish,
enter into a database, display, modify, create derivative works from, transmit,
post, distribute or perform publicly by any means, method, or process now known
or later developed, decompile, reverse engineer, disassemble, use on another
computer-related environment, transfer or sell any Intellectual Property,
information, software or products obtained from or through this EIB Site, in
whole or in part, without the express written permission of EIB.

Other trademarks, service marks, product names and company names or logos
appearing on this EIB Site that are not owned by EIB may not be used without
express permission from their owners.

Additionally, unless otherwise expressly permitted, websites may not link,
whether by hyperlink or otherwise, to any page beyond the homepage of this EIB
Site, or frame this EIB Site, or any web page or material herein, nor may any
entity include a link to any aspect of this EIB Site in an email for commercial
purposes, without the express written permission of EIB. Further, unless
otherwise expressly permitted, you agree not to link to EIB’s Intellectual
Property so as to cause you or anyone else to access EIB’s Intellectual Property
other than through this EIB Site.

You may inquire about obtaining permission by writing:

 

IP Permission

Legal Department

Premiere Networks, Inc. d/b/a EIB Network

20880 Stone Oak Pkwy

San Antonio, TX 78258

By Facsimile: (210) 832-3149

By Email: IPPermission@iheartmedia.com

 

Copyright Infringement

EIB respects the intellectual property rights of third parties, and complies
with the terms of the Digital Millennium Copyright Act (DMCA) regarding such
rights. By submitting any material or photographs through this EIB Site, you are
granting permission to have this material posted on this EIB Site, and are
representing that you are the rightful owner of the submitted material, and that
no one else may claim rights to this material. EIB reserves the right to remove
access to infringing material. Such actions do not affect or modify any other
rights EIB may have under law or contract. You can find our procedures for
providing notice of alleged copyright infringement below.

 

Procedure for Making Claim of Copyright Infringement

If you believe that your work has been copied in a way that constitutes
copyright infringement, you should send written notification thereof, in
accordance with the provisions of the Digital Millennium Copyright Act, to our
Designated Agent, who can be reached as follows:

 

By mail:

 

DMCA Designated Agent

c/o Legal Department

Premiere Networks, Inc. d/b/a EIB Network

20880 Stone Oak Pkwy

San Antonio, TX 78258

By Facsimile: (210) 832-3149

 

By Email: dmca@iheartmedia.com

 

Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include
the following:

(1) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.

(2) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.

(3) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit EIB to locate
the material.

(4) Information reasonably sufficient to permit EIB to contact the complaining
party, such as an address, telephone number, and, if available, an email
address.

(5) A statement that the complaining party has a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.

(6) A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.

 

This process only relates to reporting a claim of copyright infringement.
Messages related to other matters will not receive a response through this
process.

 

 











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